DefinePK

Abstract

This research paper examines the legal status of blasphemy against the Prophet Muhammad (peace be upon him) within the framework of international law. The issue of blasphemy, particularly when directed toward sacred religious figures, remains highly sensitive in the Muslim world and often causes widespread unrest. While Islamic legal traditions prescribe severe penalties for blasphemy, international legal frameworks—particularly those based on Western liberal ideals—tend to prioritize freedom of expression and individual rights, often at the cost of religious sensitivities. The study explores key international legal instruments such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the Rabat Plan of Action. It critically analyzes their limitations in addressing religious defamation and hate speech, especially blasphemy against the Prophet. The paper also compares national laws from various countries—both Islamic and secular—highlighting the stark differences in legal treatment of blasphemy and its implications for global legal coherence. Through a comparative legal approach, this research underscores the gap between Muslim-majority countries’ expectations regarding the sanctity of religious figures and the international legal order's reluctance to criminalize such offenses. The paper further investigates whether blasphemy laws are compatible with international human rights law or represent a necessary exception to safeguard religious harmony and prevent communal violence. The study concludes that while the current international legal regime provides limited protection against blasphemy, particularly of the Prophet Muhammad (PBUH), there is a need for broader dialogue and perhaps the development of internationally acceptable legal norms that balance freedom of expression with respect for religious sanctities. This research calls for Islamic countries to take a proactive role in advocating for more inclusive international legal standards that protect the dignity of religious beliefs without suppressing fundamental rights.